ML20203B631

Answers to Staff First Interrogatories & Request for Production of Documents.Related Correspondence

ML20203B631
Person / Time
Site:	Three Mile Island
Issue date:	04/14/1986
From:	Bradford L THREE MILE ISLAND ALERT
To:	NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
References
CON-#286-818 CH, NUDOCS 8604180221
Download: ML20203B631 (7)

Text

i "

t .. _ _%

ggtATED CORREW0h April'14, 1986 UNITED STATES OF AMERICA Docg NUCLEAR REGULATORY COMMISSIONUSN BEFORE THE ADMINISTRATIVE MWsilyQGE

'" n to Afg :3g In the Matter of ) g ry, ,

) EBR f r}jff i GENERAL PUBLIC UTILITIES NUCLEAR

~

)

) Docket No. 50-289 (CH) i (Three Mile Idland Nuclear Station, )

Unit No. 1) )

TMIA'S ANSNERS TO NRC STAFF'S FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS

, I. ANSWERS TO INTERROGATORIES-Interrogatory 1. Please fully state your position as to whether Charles Husted solicited an answer to an exam ques. tion from another operator during the April 1981 NRC SRO examination at Three Mile Island Nuclear Station, including each and every fact on which you base your position. i l

Answer: It is.TMIA's position that during the April 1981 SRO licensing exam, Husted attempted to solicit information which would have aided him in answering a question on the exam. The bases for TMIA's position are as follows:

(a) Mr. Ward, an NRC investigator, in testimony before the Special Master," stated that during an interview of Mr. P, that P admitted that Husted had attempted to solicit information from him (Mr. P). Mr. Ward further testified that it was his opinion that P was being truthful when he recounted Husted's attempt to cheat.

(b) Although when he testified-before the Special Master, I P denied having made the admission to NRC investigators, his 8604180221 860414 PDR ADOCK 05000289 Q PDR

( h

S. c.

S'. .

testimony was not credible. Mr. Ward's' account of P's admission l

was further corroborated by P's deposition.

Interrogatory 2. Please fully state your position as to whether l

I the testimony of. Charles Husted before the Special Master.on l December 10, 1981 in: Metropolitan Edison Company (Three Mile Island

[

t Nuclear Station, Unit ik). .1) , Docket No. 50-289, :lackef forthright-ness, including each and every fact on which you~ base your position.

Answer: :It is TMIA's position that the testimony of Husted before the Special Master lacked forthrightness. The bases for i TMIA's position are as follows:

(a) During Husted's July 29,'1981 interview by NRC investigators, Husted. admitted that he had. heard rumors regarding cheating during the Aprilil981 NRC licensing examination. He described these rumors l l

as " unconfirmed hearsay." 'During his September 18, 1981 interview, l l

Husted elaborated'on the-" unconfirmed hearsay." He told NRC inves-tigators that he had heard a comment about " passing papers in the l

( i exam" during the time period of the April 1981 exam. In.his testi-many before the Special Master, Husted again confirmed the fact that the " passing papers in the exam" comment and the " unconfirmed rumor" 1

were one and the same. However, when he was asked why he did not- I relate the " passing papers in the exam" incident to NRC investi-( gators during the first interview, -Husted char.ged his testimony, he sa.id he had not recalled the " passing papers in the exam" incident until his.second OIE interview.

If, in fact,-the " passing papers" testimony is unrelated to l

o r

the " unconfirmed hearsay," Husted is continuing to withhold infor-mation about the cheating.

(b) Husted's failure to admit that he solicited an answer to an exam question on April 24, 1981.

1 (c) Husted stated during-his-July 29, 1981 interview that he i refused to answer NRC investigators' questions because he'did not have any information.-

l Interrogatory 3. Please fully state your position as to whether Charles Husted exhibited a poor attitude toward the hear'.ng before

/ the Special Master on the cheating incidents, including each and-every fact on which you base your position.

Answer: It is TMIA's position that Husted exhibited a poor attitude toward the hearing on the cheating incidents. The bases for TMIA's position are as follows:

(a) When Husted was asked why~he refused to answer the questions.

[

of the NRC investigators during the July 29, 1981 interview, he l l l responded, "I do not know. Stupid, I think." He went on to say l l l that he refused ,to answer the investigators' questions because he

' l did not have any information. l l

(b) During his appearance before the Special Master, Husted l exhibited a generally flippant demeanor.

Interroaatory 4. a. . Fully state your position as to whether Charles Husted failed to cooperate.with NRC investigators.in inter-l views of Mr. Husted conducted on July 29, 1981, and September 18, 1981, including each-and every fact on which you base your position.

s Answer: It is TMIA's position that Husted failed to cooperate with NRC investigators during his July 29, 1981 and September 18, 1981 interviews. The bases for TMIA's position are as follows:

(a) Husted refused to answer questions put to him during the July 29, 1981 interview.

(b) During the September 18, 1981 interview, Husted provided some information but continued to withhold information within his knowledge.

Interrogatory 4. b. With respect to each of the interviews referred to in 4.a., please identify any note,. memorandum, tran-scription, tape, or other record of said interviews which may be in

/

your possession, custory or control; and please identify any employee, advisor, agent, or counsel of TMIA who was present at either interview.

i Answer: No agent, employee, advisor or counsel representing l

TMIA was present.at either interview of Husted. TMIA.has no record of the interviews other than the accounts which were.made part of the'OIE investigative reports.

Interrogatory 4. c. If any persons are identified in response to 4.b., above, please describe the substance of such person or person's recollection of said interview or interviews.

Answer: See answer to Interrogatory 4.b. (

l Interrogatory 5. Please fully state your position as to how the performance of Charles Husted in his responsibilities with GPU l

l e

and Metropolitan Edison Company reflects on Mr. Husted's attitude and integrity, including each and every fact on which you base your position.

Answer: TMIA ,does not understand Interrogatory 5. TMIA has

, interpreted Interrogatoryt5 to be' seeking TMIA's' position as to how Husted's poor attitude and lack' of- integrity reflect. on the perform-' ,

ance of his responsibilitiestwith GPU and Metropolitan Edison-Company. .

(a) TMIA shares the' conclusion of the Licensing Board, that as a representative of the training department, Husted's poor-w . -

" attitude may be a partial explanation of why there was disrespect i

r for the training programs and the examinations."-

(b) Public' trust demands that any individual who operates a l l

nuclear power plant or who trains others to operate a nuclear-power plant, must possess a high degree of integrity. Husted's demonstrated lack of these qualities render him unfit to hold.-a position in the-training department or to hold an operating license.

l l

1 Interrogatory 6. Please-state your position as to whether any remedial action with respect to Charles Husted is required, including each and every' fact on which you base your position.

Answer: It is TMIA's position that remedial action is required n: with respect to Charles Husted. Husted's poor attitude and lack of

• integrity,-as discussed in answerseto Interrogatories I through 4,'.;.

require-that such action be taken."

0 0

f..-

Interrogatory 7. If your position is that remedial action is required with respect to Mr. Husted, please state the remedial action you believe to be necessary, and each and every fact on which

.you base your position.

Answer: For the reasons discussed in answers to Interrogatories 1-4:'

(a) Husted should be-barred from instructing or supervising th'e instruction-of licensed operators or licensed operator. trainees.

(b) Husted should be barrad from holding a license to operate a nuclear power plant.

l Interrogatory 8.- Please describe any other information with

(

respect to Charles Husted's attitude, honesty, integrity, character, personality traits, act{vities, habits or reputation on which you l intend to rely in addressing how considerations of Mr. Husted's l

attitude or integrity bear on his employment as an NRC-licensed operator, licensed-operttor instructor or training supervisor, l

or supervisor of trainir.g of non-licensed personnel.

Answer: Despite evidence to the contrary, Husted continues to deny that he failed to cooperate with NRC investigators; that his testimony before the Special Master lacked forthrightness; I that he exhibited a poor attitude,toward the NRC examinations; and that he attempted to cheat during an MRC examination. Husted's continued recalcitrance reflects poorly on his attitude, honesty, l

l integrity, character, and personality traits.

Furthermore, because of Husted's refusal to admit to his wrongdoing, any attempt to rehabilitate him is doomed to failure.

l

s o

The first step toward rehabilitation is the admission of wrongdoing.

Husted's refusal to admit his culpability for his actions bears on his employment as an NRC-licensed operator, licensed-operator instructor or training supervisor, or supervisor of training of non-licensed personnel.

I I ."- DOCUMENT REQUESTS All of the documents responsive-to the-Staff's request are a matter of public record and may be obtained by them directly from the NRC publi'c document room..

Respectfully submitted, Louise Bradford for Three Mile Island Alert, Inc.

e 9

e